Rogers & Sons v. Smiley & Griffin
Supreme Court of Alabama
Assumpsit in the- Circuit Court of Tuskaloosa, And tho plaintiffs declared for money paid, &c. at the instance and request of the defendants, they being partners in trade. The writ, as appeared, was-executed alone oil Griffin, and thereupon, in accordance with the statute in such case made and provided,, the declaration was filed against both defendants.
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Assumpsit in the- Circuit Court of Tuskaloosa, And tho plaintiffs declared for money paid, &c. at the instance and request of the defendants, they being partners in trade. The writ, as appeared, was-executed alone oil Griffin, and thereupon, in accordance with the statute in such case made and provided,, the declaration was filed against both defendants. And afterwards Griffin having appeared, craved oyer of the writ, and filed a special demurrer, for variance between the indorsement thereof, and the declaration. After continuance, leave to amend the . declaration was asked and granted to…
1Opinion of the Court
By Mr. Justice Hitchcock :
N. Rogers & Sons issued their writ in the Circuit Court of Tuskaloosa county, on the 11th November, 1823, commanding the sheriff to take “ the bodies of William Smiley and Ira Griffin, merchants, heretofore trading under the firm of Smiley & Griffin, if to be found, &c. The defendants were sued in assump-*256sit, for money paid by the plaintiffs as accommodation acceptors of sundry bills of exchange, drawn by the defendants on them, and which amounted to five thousand one hundred and twenty three dollars and seventy five cents ; and the endorsement on the writ sets out a…
2Cited by4 opinions
- Drake v. GloverSupreme Court of Alabama · 1857
- Cummings v. EdmunsonSupreme Court of Alabama · 1837
- Avery's Administrator v. Avery's HeirsSupreme Court of Alabama · 1872
- Hines v. McMillanSupreme Court of Alabama · 1920